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A BILL TO BE ENTITLED
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AN ACT
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relating to certain requirements for certain sponsors and other |
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participants in the summer food service program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.1146(a), Government Code, as added |
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by Chapter 870 (S.B. 77), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended to read as follows: |
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(a) The Department of Agriculture is entitled to obtain |
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criminal history record information maintained by the Department of |
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Public Safety that relates to a person who is a principal of a |
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nongovernmental entity that is a participant in or applicant for |
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participation in the Child and Adult Care Food Program or the summer |
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food service program as provided by Section 33.0271(e), Human |
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Resources Code. |
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SECTION 2. The heading to Section 33.0271, Human Resources |
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Code, is amended to read as follows: |
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Sec. 33.0271. [CHILD AND ADULT CARE FOOD PROGRAM:] PROGRAM |
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PARTICIPANT REQUIREMENTS: CERTAIN NUTRITIONAL ASSISTANCE PROGRAMS. |
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SECTION 3. Sections 33.0271(a), (c), (d), (g), and (h), |
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Human Resources Code, are amended to read as follows: |
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(a) In this section: |
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(1) with respect to the Child and Adult Care Food |
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Program: |
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(A) [,] "institution" has [and "principal" have] |
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the meaning [meanings] assigned by 7 C.F.R. Section 226.2; and |
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(B) "principal" means any individual who holds a |
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management position with, or is an officer of, an institution, |
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other than a person whose only role for the institution is serving |
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as a member, other than the chair, of the institution's board of |
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directors; and |
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(2) with respect to the summer food service program: |
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(A) "principal" means any individual who holds a |
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management position with, or is an officer of, a sponsor, other than |
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a person whose only role for the sponsor is serving as a member, |
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other than the chair, of the sponsor's board of directors; and |
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(B) "sponsor" has the meaning assigned by 7 |
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C.F.R. Section 225.2. |
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(c) To the extent permitted under federal law, on |
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application for or renewal of participation in the Child and Adult |
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Care Food Program or summer food service program, a nongovernmental |
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entity applying to participate or to renew participation in the |
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Child and Adult Care Food Program [program] as a sponsoring |
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organization or other institution, or in the summer food service |
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program as a sponsor, must submit to the department the following |
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with respect to each of the entity's principals for use in |
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conducting a background and criminal history check: |
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(1) a copy of a government-issued form of |
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identification of the principal, which may include a copy of: |
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(A) a driver's license issued by this state or |
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another state; |
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(B) an identification card issued by this state, |
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another state, or the federal government; |
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(C) a passport; or |
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(D) another form of identification approved by |
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the department; and |
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(2) proof of the principal's residential mailing |
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address, which may include: |
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(A) official mail sent to the principal's address |
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from a utility provider, governmental agency, or financial |
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institution; |
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(B) a residential lease executed by the |
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principal; or |
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(C) any other form of proof approved by the |
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department. |
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(d) If there is a change in a principal or the residential |
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mailing address of a principal of a nongovernmental entity |
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participating in the Child and Adult Care Food Program as a |
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sponsoring organization or other institution, or in the summer food |
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service program as a sponsor, the entity must submit to the |
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department the same information required under Subsection (c) with |
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respect to the principal for use in conducting a background and |
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criminal history check. |
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(g) If a background and criminal history check authorized |
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under Subsection (e) reveals that the principal of an entity that is |
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an applicant for or participant in the Child and Adult Care Food |
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Program or summer food service program has been convicted of fraud, |
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violating an antitrust law, embezzlement, theft, forgery, bribery, |
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falsification or destruction of records, making false statements, |
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receiving stolen property, making false claims, obstructing |
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justice, or any other criminal offense that indicates a lack of |
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business integrity as determined by the department, the department: |
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(1) shall deny the entity's application for |
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participation in the program; or |
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(2) may, at the department's discretion, revoke the |
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entity's authority to participate in the program. |
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(h) The executive commissioner by rule may establish |
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procedures that would allow an entity that had the entity's |
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application to participate in the Child and Adult Care Food Program |
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or summer food service program denied or authority to participate |
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in the program revoked under Subsection (g) to appeal the |
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department's determination under that subsection. |
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SECTION 4. This Act takes effect September 1, 2014. |